Energy Justice in the Twin Transitions: Assessing EU Law and Policy

ABSTRACTThe Stockholm Programme sets new challenges for the Area of Freedom Security and Justice (AFSJ). The development of external relationships with European Neighbourhood Policy and the Euro-Mediterranean Economic Area countries will prove problematic. The treaty boundary lines between the Common Foreign and Security Policy and the AFSJ will need to be negotiated. In addition, the full range of EU provisions with regard to policing, investigation and prosecution, and fundamental and due process rights, all required to obtain safe convictions, which will need to be part of the EU external relations legal framework for the AFSJ. EU legal agreements for the AFSJ could be either directly with a particular third country, or via Europol. Europol counterparts could be the South-East European Law Enforcement Centre (SELEC) or the Central Asian Regional Information and Coordination Centre (CARICC). This paper will critically analyse the problems likely from an EU legal framework and policy perspective.

Energy justice is a topic that is currently being explored by energy law experts around the world and used across several academic fields in energy research. However, we note that this concept is quite novel in Japan (there have been no substantial publications published in either English or Japanese) and could be expanded. This is especially important in light of Japan’s aspirations to achieve carbon neutrality by 2050 and implement a just energy transition. In this context, the article’s goal is to present the energy justice theory in a legal (energy law) and policy (climate-energy policy) framework in Japan. The article discusses the five basic types of justice, referring to Japanese energy legislation and climate-energy policy as examples. The analysis includes an assessment of the carbon neutrality pillars (seen through the prism of energy justice theory), aimed at supporting Japan in meeting its climate targets, and directions related to the use of renewable, conventional and nuclear energy sources requiring examination in terms of energy justice (due to failures of energy policy, such as lack of stakeholder recognition, local conflicts, NIMBY, etc.). Furthermore, the article demonstrates the improvements required in the legal and policy frameworks in Japan to make the application of human rights and the Sustainable Development Goals across the energy life-cycle effective. This will also include an examination of potential legal and organisational changes, and new structures and appointments in the Japanese administration.

Problem setting. Global challenges related to climate change, energy dependency, growing demand for clean energy, and the necessity to reduce greenhouse gas emissions require the transformation of the energy sector through the implementation of innovative technologies. In this context, energy startups play a special role as flexible and high-tech entities capable of promptly developing and implementing non-standard solutions. However, despite their significant potential, such enterprises face numerous barriers—regulatory, financial, institutional, and informational—which hinder their development. In most countries, including Ukraine, the legal and organizational framework for innovation in the energy sector remains fragmented and insufficiently effective. It is therefore critical to study international experience and seek models that can be adapted to Ukrainian realities to create a favorable environment for the development of energy startups. Тarget of the research is to analyze modern international approaches to the legal and institutional support of energy startups, identify effective mechanisms for promoting their development, and formulate practical recommendations for their adaptation and implementation within Ukraine’s national legal system. Particular attention will be paid to examining European innovation support programs, such as Horizon Europe, as well as legal instruments for stimulating ‘green’ entrepreneurship, which can form the basis for developing a national policy in the field of energy innovation Аnalysis of recent researches and publications. E. Beckstedde, M. K. Ramirez, R. Cossent, Y. Vanschonwinkel, L. Meeus analyze sandbox platforms as a tool for legislative modernization that adapts legal mechanisms to rapid changes in technological development (renewable energy, smart-grids, blockchain services, etc.). In contrast, this article will reveal the characteristic features and types of international support for startups in the energy sector in the context of international law and law enforcement activities. P. O. Okedele, O. R. Aziza, P. Oduro, A. O. Ishola analyze global and regional legal frameworks that regulate the energy transition. The authors explore how these frameworks can promote growth and equity in developing countries. They consider financial mechanisms, the role of national legal systems, and challenges related to balancing energy access, economic growth, and environmental protection. Although the article does not focus exclusively on startups, it creates an important context for understanding the legal field in which they operate In contrast, this article’s emphasis is specifically on the activities of startups as drivers of innovation in the energy sector. Аrticle’s main body. The justification for state support of startups is based on the following principles:1. Overcoming «Valleys of Death»: This refers to the critical stage between successful laboratory research and commercialization, where innovative projects often face a lack of funding and high risks. State support helps overcome these market failures. 2. Creating New Markets: Innovations give rise to new economic sectors, which in turn create jobs, increase tax revenues, and stimulate economic growth. 3. Ensuring Energy Security: Diversifying energy sources and implementing domestic technologies reduce dependence on imports and enhance the resilience of the energy system. 4. Fulfilling International Obligations: Signatory countries to international agreements, such as the Paris Agreementand treaties concerning the UN Sustainable Development Goals, are obligated to promote decarbonization and the development of «green» technologies, which is directly linked to supporting energy startups. The legal frameworks of these agreements often serve as the basis for national support programs. The legal foundations for state support of innovations are typically enshrined in national legislation (laws on innovation, state aid laws, tax codes) and international treaties. International experience demonstrates a variety of approaches to supporting energy startups that can be adapted to national conditions. For instance, the European Union is a leader in forming comprehensive legal and financial instruments to support innovation, particularly in the energy sector. An analysis of foreign and international experience indicates the existence of a number of effective legal and institutional instruments for supporting energy startups. For Ukraine, with its aspiration for energy independence and integration into the European energy space, the implementation of these practices is critically important. Сonclusions and prospects for the development. An extensive analysis of international experience reveals the existence of effective legal and financial mechanisms for supporting energy sector startups. The key elements of a successful policy include: targeted financing for startups at various stages of their development, the introduction of effective tax incentives for investors, flexible and predictable regulation that incorporates «regulatory sandboxes,» strong institutional support through a network of incubators and accelerators, and active international cooperation to attract resources and exchange knowledge. Implementing these approaches into Ukraine’s national legislation will significantly accelerate the innovative development of the energy sector, help ensure energy security and sustainability, reduce dependence on traditional energy sources, and achieve ambitious goals for sustainable development and decarbonization. Ukraine has significant potential for developing energy innovations, and proper legal and institutional support for startups is crucial to unlocking this potential.

Applying energy justice into the energy transition

Politicizing energy justice and energy system transitions: Fossil fuel divestment and a “just transition”

Energy transitions that are inclusive are necessary if SDG 7 is to be achieved since SDG 7 entails making sure that there is universal access to energy that is affordable, sustainable, and reliable. This paper analyzes renewable energy transitions from the perspective of energy justice. Specifically, it will analyze issues relating to equitable access to energy, affordability, and inclusion in energy transition programs in selected developing countries. In order to achieve its objectives, the paper will employ econometric methods using Fixed Effects (FE), Random Effects (RE), System GMM, and PCA analysis to develop an index of energy justice. Results show that the mean value of EJI is 0.63, which means that there is an energy justice condition of moderate magnitude with a huge disparity across nations. The highest contributing factor to the level of EJI is the installed capacity of renewable energy sources (40%), followed by renewable energy policies (35%) and investments (28%). Results from the Fixed Effects model indicate that the presence of renewable energy policy (β = 0.28), installed capacity (β = 0.32), and investment (β = 0.21) positively and significantly contribute to enhancing energy justice, whereas income inequality (β = -0.18) adversely impacts energy justice. The System GMM model shows that renewable energy share (β = 0.029), subsidies provided to consumers (β = 0.017), and rural electrification (β = 0.043) positively affect EJI, while the price of energy (β = -0.052) reduces affordability and inclusiveness.

A just energy transition for a hydrocarbon rich SIDS

Grid justice: Evaluating smart grids through the lens of Energy Justice within the European Union legal framework

This article explores energy justice in the context of human rights law. Although energy justice and human rights in the energy sector are fundamentally interconnected, energy justice research within and beyond legal scholarship has not engaged with human rights law or vice versa. As an academic effort, energy justice suffers from a lack of real-life legal application. Human rights law, on the other hand, is a well-established legal discipline and a branch of international law operationalised through broad means, comprising international and national legislation and litigation. This article argues that human rights law can be used to frame the same substantive issues as energy justice and that, because of this, human rights law could provide energy justice with a legal (rather than purely academic or policy-focused) framework for its operationalisation.

Artificial intelligence (AI) techniques are increasingly used to address problems in electricity systems that result from the growing supply of energy from dynamic renewable sources. Researchers have started experimenting with data-driven AI technologies to, amongst other uses, forecast energy usage, optimize cost-efficiency, monitor system health, and manage network congestion. These technologies are said to, on the one hand, empower consumers, increase transparency in pricing, and help maintain the affordability of electricity in the energy transition, while, on the other hand, they may decrease transparency, infringe on privacy, or lead to discrimination, to name a few concerns. One key concern is how AI will affect energy justice. Energy justice is a concept that has emerged predominantly in social science research to highlight that energy related decisions—in particular, as part of the energy transition—should produce just outcomes. The concept has been around for more than a decade, but research that investigates energy (in)justice in the context of digitalized and data-driven electricity systems is still rather scarce. In particular, there is a lack of scholarship focusing on the challenges and questions that arise from the use of AI technologies in the management of electricity systems. The central question of this paper is, therefore: what may be the implications of the use of AI in smart electricity systems from the perspective of energy justice, and what does this mean for the design and regulation of these technologies?

Recent political, economic and policy change in the US, Australia, and Europe, in particular, have put transitions towards low-carbon energy futures at the forefront of local and national policy agendas. How these transitions are managed is likely to affect the feasibility, timing and scope of transition policy. Recognizing the existing maldistribution of the benefits and burdens of fossil fuel-based extraction, energy generation, and distribution, advocates and scholars increasingly call for policies that not only support decarbonization goals, but also those of equity. Proposals that do not contain such goals may be met with resistance. This review examines the politics of achieving more just outcomes by asking, what is our current understanding of justice advocacy and the impacts of such advocacy on the energy transition? In this study, we systematically review articles that include the key concepts of ‘just transition’ or ‘energy justice’ and that examine advocacy in energy transition contexts. We find advocates from diverse communities and affiliated with varied organizational types are involved in advocacy. Diverse issues motivate advocates and the most common advocate type in the literature are residents that are affected by local impacts of energy transition decisions. Extra-institutional tactics are the most common means of advocate action. We also find that advocacy is often motivated by issues related to decision-making processes and environmental degradation. These findings illuminate that: (a) energy systems and transitions are governed by processes and institutions that are often inaccessible, (b) advocates often attempt to affect change using tactics external to such processes and institutions, and (c) issues of environmental degradation are often prominent in advocacy discourse concerning the energy transition. Future research should seek to more clearly determine advocates’ primary motivations and the tactics and actions that ultimately aid or hinder more equitable outcomes.

This chapter discusses how the fundamental values of energy democracy and energy justice and the principles of good governance can play a role in developing a more consistent approach towards the regulation of the energy sector and, more in particular, in dealing with the challenges of regulating the heat transition in the Netherlands in a just way. Energy justice and energy democracy are energy specific concepts that are gaining influence when interpreting and applying the principles of good governance in the energy sector. Both concepts are based on the awareness that the energy transition is a matter for all citizens of the European Union and should not be ignored by policymakers and independent regulators. The heat transition in the Netherlands significantly impacts the position of consumers, prosumers and vulnerable customers, as an ever-larger group of consumers will be disconnected from the gas grid and will be connected to heat networks. Energy democracy and energy justice and the principles of good governance are important values that should guide policy-makers in making choices that affect consumer participation and the protection of vulnerable customers in the heat transition. It is elaborated how energy democracy and energy justice and the principles of good governance indeed can provide a useful framework within which advantages and disadvantages can be weighed of regulatory choices to be made when modernising the regulation of the heat market in a just way. In particular, there remains a lot to gain in terms of flexible regulation and supervision as well as the facilitation of consumer/prosumer participation in the Netherlands. Because it is likely that most heat consumers will remain locked in for a relatively long time in natural monopolies facilitated by older generation heat networks and the lack of alternative heating, substantive consumer-participation could yield positive results regarding community engagement in heat network management and heat supply.

This study aims to examine the critical socio-legal interaction between agriculture and onshore wind by offering a novel Agri Energy Justice (AEJ) framework. The AEJ Framework builds on existing energy justice conceptualisations and emphasises the significance of addressing agricultural interests and risks as a foundational step for onshore wind development through the unique pillar of ‘nexus justice’. The Australian state of Victoria is undertaking a significant socio-technical energy transition in response to net-zero policies and increasing climate change risks. While immense renewable energy potential exists in Victoria, including onshore wind energy, successful development requires a reoriented strategic approach to co-locate with agriculture and provide a potential blueprint for regions hosting wind development. In examining legal gaps and stakeholder perspectives in the Wimmera Southern Mallee (WSM) region of Victoria, Australia, this study highlights the often-perceived conflicting policy objectives of concurrently achieving energy decarbonisation and agricultural land preservation. We adopt a mixed-methods socio-legal and qualitative approach, including semi-structured interviews with experts from the agricultural and energy sectors in the WSM, to capture critical stakeholder perspectives. Building on existing energy transition literature, we identify several factors and regulatory principles to enable or potentially limit agricultural activity coexistence with onshore wind and identify key themes from semi-structured interviews categorised in the four principles of the AEJ framework. Our proposed AEJ framework introduces a new paradigm recognising agricultural landholders and activities as an essential sociotechnical and legal process relevant to countries aiming to align onshore wind development with agricultural land uses. AEJ can clarify the values embedded in agricultural sectors, reduce social conflicts, enhance economic benefits, and ultimately, lower socio-technical risks associated with onshore wind development. The resulting study provides insights into the need for proactive legal reform to ensure countries prioritising agricultural land uses can simultaneously achieve justice, decarbonisation, and sustained agricultural output enshrined in AEJ principles.

The transition to renewable energy is gaining global momentum as countries striveto address climate change, ensure energy security, and achieve sustainabledevelopment. In Sub-Saharan Africa, however, the shift from fossil fuels to cleanerenergy sources remains uneven, with numerous structural, legal, and institutionalchallenges impeding progress. This paper critically examines the legal prospectsand barriers surrounding renewable energy adoption in the region, with aparticular focus on Nigeria the continent’s most populous nation and one of itslargest oil producers. Drawing on comparative legal analysis and policy evaluation,the study explores how existing legal frameworks either promote or hinderrenewable energy development. It further identifies gaps in regulation, inadequateenforcement mechanisms, and the absence of coherent energy transition policies askey obstacles. The paper proposes strategic legal reforms tailored to Nigeria’ssocio-economic and environmental needs, emphasising the need for clearlegislation, robust institutional support, and targeted incentives to attractinvestment in clean energy. By aligning national energy laws with global bestpractices, Nigeria and its Sub-Saharan counterparts can accelerate the shift towardsustainable energy systems. This study contributes to the broader discourse onenvironmental governance and energy justice in the Global South, offeringpractical legal pathways for a just and inclusive energy transition.

Assessing energy justice in climate change policies: an empirical examination of China's energy transition